A closely held limited company held its agm on sunday and accordingly form 66 ,23AC,23ACA AND 20B have been filed and now a notice from MCA has been received to show cause why action should not be taken for prosecution under section 168 for contravention of section 166 & 210.
Kindly suggest me what should i reply or do?
| Originally posted by : Sneha Binani | ||
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What was the date of AGM and BM calling AGM and signing of Audit Report ? |
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AGM was held on 30.09.2012(sunday) and BM calling AGM and signing of Audit report-03.09.2012
Non - Compliance is there for sure. But since it has already been done and it cant be reversed so you can try to take plead on following grounds.
Firstly, as BM calling AGM date was 3rd Sep so AGM could have been called on or after 27th Sep upto 29th Sept. Since it is closely held company you can take a plea that we have obtained written approval from all the shareholders for holding meeting AGM on Sunday as either members or directors as case may be were not available between 27th to 29th. They were out for some important business transaction.
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